Saturday 24 December 2022

What is the public prosecutor's role in hearing the application for grant of default bail to the accused?

 14.2. It must also be added and it is well settled that issuance of notice to the State on the application for default bail filed under the Proviso to Section 167(2) is only so that the Public Prosecutor can satisfy the Court that the prosecution has already obtained an order of extension of time from the Court; or that the challan has been filed in the designated Court before the expiry of the prescribed period; or that the prescribed period has actually not expired. The prosecution can accordingly urge the Court to refuse granting bail on the alleged ground of default. Such issuance of notice would avoid the possibility of the Accused obtaining default bail by deliberate or inadvertent suppression of certain facts and also guard against multiplicity of proceedings.

However, Public Prosecutors cannot be permitted to misuse the limited notice issued to them by the Court on bail applications filed Under Section 167(2) by dragging on proceedings and filing subsequent applications/reports for the purpose of 'buying extra time' and facilitating filling up of lacunae in the investigation by the investigating agency.


Criminal Appeal No. 699 of 2020 

Decided On: 26.10.2020

M. Ravindran  Vs. The Intelligence Officer, Directorate of Revenue Intelligence

Hon'ble Judges/Coram:

U.U. Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.

Author: Mohan M. Shantanagoudar, J.

Citation: AIR 2020 SC 5245,MANU / SC / 0788 / 2020,

( 2021 ) 2 SCC 485.
Read full Judgment here: Click here
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